A Comparative Study of the Protection of Civil Rights: The Civil Codes of CIS Countries

Abstract This article is devoted to an examination of the civil law means for protecting subjective civil rights. The subject matter of this study are the provisions of the several civil codes that have been promulgated in the countries of the CIS in the post-Soviet period. The effort to harmonize private law in the region has given rise inter alia to several pieces of model legislation, perhaps the most notable of which is the CIS Model Civil Code.The use of the comparative method allows the author to trace the progressive development of the civil codes—and the model code—of countries in the CIS; this also enables the author to consider whether there are any gaps or codification hiatuses in the Civil Code of the Russian Federation. In doing so, the author points to those issues that, in her view, are relevant for court practice. As part of her consideration of this subject, the author has compiled a comparative table of relevant provisions of most of the civil codes in CIS countries.